Current through October 31, 2024
Rule 15-3-1-1.2.12 - Appeal Process1. A hospital shall have 30 calendar days from the date of notification of suspension of Trauma Center designation to appeal the decision, in writing, to the Department and to request a due process hearing.2. The Director of the Bureau of Acute Care Systems, upon receipt of a request for a hearing, shall set a date no more than 30 calendar days from the receipt of the request for a hearing.3. The hearing officer appointed to conduct the hearing shall be a person appointed by the Director of the Office of Health Protection. A stenographic record of the hearing shall be made by a certified reporter/stenographer. The record shall consist of all sworn testimony taken, written, documentary or other relevant evidence taken at said hearing. 4. Within 30 calendar days of the receipt by the hearing officer of the certified record, he/she shall render findings of fact and conclusions of law contained in an order. The order so produced by the hearing officer shall be the final order of the Mississippi State Department of Health and shall be appealable to a court of competent jurisdiction.5. If the decision of the Department is unfavorable to the hospital, the hospital may apply for trauma center designation at another level, but must pay all costs associated with the survey.15 Miss. Code. R. 3-1-1.2.12
Miss. Code Ann. § 41-59-5